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North Carolina Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I am filing child support against my grand daughter's father; can they make him pay child support back to birth or only

From time papers are served?

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answered on Jul 27, 2017

They can make him pay what he owes based on what he has - so if he owed from birth you can potentially get back support from birth but if he doesn't have the money you likely won't get squat and him potentially going to the pokey will have to suffice.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Is there any way I can legally find the location of someone who owes child support with minimal information?

I have the name, phone number, where the phone was registered, and a general idea of where he may be but nothing for sure. He is also wanted in another county and has warrants out for his arrest.

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answered on Jul 26, 2017

Yes, you can go to your local child support enforcement agency and let them deal with ut. They are often slow but more often than not they get the job done eventually.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: My daughter is with me 4 days a week and with her father for 3 days, not consecutive. Do I have rights to child support?

My daughters father and I were together for 6 years, our daughter is 3. The split was amicable, I got to keep the car (it is in his name) and he pays for her daycare($550 a month), but we also agreed upon him giving $100 a week to cover whatever extra expenses she may incur and I may not be able to... View More

Amanda Bowden Johnson
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answered on Jul 16, 2017

Unless the burn turned out to be purposeful, you likely should not only not be concerned about the extra hundred but start kicking in your share of day care.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: What should i do when my ex is trying to put me on child support but i have the kids more? She lied to the court

We went back and forth to court for about a year because she lied about who really keeps them because i got a lawyer.. Difference is she is doing the same and she knows i cant afford a lawyer right now on top of it all how can i pay 750 a month in support and still support my kids because i ALWAYS... View More

Amanda Bowden Johnson
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answered on Jul 14, 2017

Sometimes you can't afford not to hire an attorney - this is likely one of those times.

1 Answer | Asked in Child Support and Divorce for North Carolina on
Q: Hello. I am separated and I do not have legal representation, whereas my wife does. I need a pro bono Lawyer. THanks.

I have a lot of questions, and I have no one to answer them, so I feel that I am at the mercy of however my wife interprets the separation agreement. I feel like I am paying too much, between alimony, child support, health insurance and all the other extras like co pays for the kids, school and... View More

Amanda Bowden Johnson
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answered on Jul 7, 2017

Unless you know the law, you are right - you are pretty much at the mercy of your wife. I suppose just about everyone would like just about everything to be free but it is doubtful you will find a pro bono attorney under your circumstances. If you are paying alimony, child support etc. - you can... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: With post-separation spouse support...If after child support is paid there is not enough to cover request. What happens?

I have done a financial analysis and after I pay the child support amount there is very little for post-separation spouse support. What happens? This is during our separation and not a divorce. Do I have to not eat, turn off the lights, sub-lease the house, sell property, etc.?

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answered on Jul 5, 2017

Do I have to not eat, turn off the lights, sub-lease the house, sell property, etc? if you are doing your own financial analysis and representing yourself, then the short answer is likely - yes. Even if you have a decent attorney, you will likely still have to tighten the belt a bit. Of course,... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: I have a question about filing for custody and child support after a divorce has been completed.

My sister and her ex husband are divorced but never included the custody or child support in their divorce because the were both able to agree to certain terms. She now wants to take him to court for child support because he just got a big promotion and feels he should pay more. So they have... View More

Amanda Bowden Johnson
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answered on Jul 2, 2017

If he has been paying what they agreed to then there is no 'back child support' owed - asking for that is just greedy but you can never tell what a court would do. Of course if she decides to rock the boat and go for an increase in child support he should counter with a custody action... View More

1 Answer | Asked in Internet Law, Family Law, Child Custody and Child Support for North Carolina on
Q: Can a fb status indirectly directed towards a person(s) be considered Communicating Threats?

Your Son-In-Laws Sister puts up a status talking about going to war over him and you know it's directed towards your daughter, etc....Can that be considered communicating threats?

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answered on Jun 19, 2017

Without seeing what was actually written it is hard to say but I'm going to go out on a limb and say likely not. In order for there to be a crime of communication of a threat several things need to happen: (1) a threat to physically injure someone or damage property (2) that threat is... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Man owes back child support 11000.00 arrears from child a with mother a . then has child b with child mom b.

He filed with court to get joint custody so he doesn't have to pay for child b. Will the judge look at back child support in child a before making a decision on child b

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answered on Jun 12, 2017

Man wrongly assumes joint custody will relieve him of a child support obligation for child b. It likely will not. Child a has nothing to do with child b custody action per se but the fact that man owes a giant pile of back child support to child a will make him look very financially irresponsible... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My lawyer said an ED affidavit had to be filled out and filed by my husband and I or he would drop my case? Is this true

My husband and I are in the process of getting a divorce. He left the family stating to us that he would return as soon as he got sober. Well, he never got sober, but he did get a younger women, one that I saw, and he admitted to me there were several more. (Me. As far as he tells everyone else, he... View More

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answered on May 25, 2017

If your lawyer tells you to do something or he will withdraw from your case then your options are to do what you were told to do or risk the attorney withdrawing - that's certainly a true enough statement.

1 Answer | Asked in Child Support for North Carolina on
Q: My Fiancee pays child support for 3 daughters in North Carolina. He lives in Florida. 2 daughters have turned 18.

When he called Child services in North Carolina they said child support will continue until the youngest who is 13 turns 18 unless he goes to court for reduction of child support. He cant afford to leave work to drive for Florida to North Carolina make court dates for this. Can he hire a paralegal... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on May 24, 2017

Paralegals are not allowed to practice law and go to court, as they do not have a license to practice law. An attorney can do this for you.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Q: I'm a resident of North Carolina can I request my son father parents right terminated, based on abandonment over 6 yrs??

He's currently been taken to court in VA for not paying child support since 2011 because I got married with my husband. My husband is trying to adopt my son and change his last name!! My son doesn't know/understands that he's not his biological father and constantly ask why he has a... View More

Amanda Bowden Johnson
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answered on Mar 16, 2017

If you and the child have resided in NC for at least the last 6 months, it may be possible to petition to terminate parental rights. If you are successful in terminating his right you will also terminate his obligation to pay child support - you don't get both. Contact a local family law... View More

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: We are grandparents of 2 grandchildren, ages 5 and 3-1/2. How do we go about obtaining custody or guardianship?

Their mother has moved to Fl. from NC to get her head on straight and attend school, and their father lives here in NC with the children. Their father is more interested in having a girlfriend and becoming a country rock singer than providing a stable secure home for the children. He is always... View More

Will Blackton
Will Blackton
answered on Mar 3, 2017

Donna, this isn't the answer you'd like to hear, but:

A court is extremely unlikely to award custody to a grandparent where a parent wants to retain custody and has not been determined unfit by the court (typically where the parent is incarcerated, addicted to drugs, or mentally...
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1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: North Carolina Alimony & Child Support Question

Assume alimony is agreed to be the 1/3-1/3-1/3 formula, where the gross household income of both parties is added up, divided into thirds (1/3 going to Taxes, 1/3 going to each spouse), and alimony payment from higher earning spouse (Spouse A) goes to lower earning spouse (Spouse B) to bring both... View More

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answered on Feb 24, 2017

You have the wrong idea about alimony - there isn't a 'formula' or calculator for it (not a legitimate one anyway). Alimony is basically a punishment to the payer for doing something wrong during the marriage and is completely at a Judge's discretion. Judge's use a set of... View More

1 Answer | Asked in Child Custody, Child Support, Contracts and Divorce for North Carolina on
Q: Can I write a legally binding separation agreement in NC and have my husband sign it without lawyer?

would that agreement hold against my husband in the future after the separation? It will mainly include that I have full custody of the kids and he needs to pay child support and college expenses

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answered on Feb 22, 2017

Sure - if you know how. If you don't, it would be about as smart a thing to do as trying to rebuild your cars transmission if you aren't a mechanic. If cost is a factor the days of old lawyers charging $2,500 or more for a simple separation agreement are virtually over. You can get a... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I pay child support but her mother is an addict and that's where all the moneyears goes. Her mother and sisters take

Care of my daughter can I have the child support reassigned or what should I do.

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answered on Feb 11, 2017

You have zero input or control over how the money you pay for child support is used. If she wants to blow your entire monthly child support payment on drugs, there is nothing you can legally do about it from a child support standpoint. The best you can do is try and have her arrested for using... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Will I have to change my daughter's name, and if a man is in the child support system does that mean there is...?

I live in NC and the ncp lives in GA. There is a man on my named on my daughter's birth certificate that was found to not be her biological father through DNA testing. I am currently pursuing child support from the man who is her biological father. My daughter is 7 and knows her last name as... View More

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answered on Feb 9, 2017

You can give your child whatever last name you want on the birth certificate so you will not be required to change your child's last name. However, even-though your child is just 7, it might not be a bad idea to discuss what she wants - obviously you will make the final decision. As to... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: What is the percentage of my child support payment that actually goes to the child I've been paying for years....

And during the initial Court proceedings the judge order me not to pay due to I have put it on myself initially during that time no payment was made then the court can they charge me with the Rears that's leaving me with arrears forever what is the interest on those arrears and it is there... View More

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answered on Feb 2, 2017

The sad fact of the matter is you get zero say in how child support you pay is used by the other parent (usually the mother) - so the percentage the child actually gets benefit from can vary from 0% to 100% . If she wants, she can literally buy crack with your child support money and if you... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Is my daughter who lives in NC legally responsible for child support of her current husband's children?
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answered on Jan 6, 2017

Not unless they are biologically hers or she adopted them - otherwise she's not obligated to do anything.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Is it better to file for full custody before filing for child support?
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answered on Dec 22, 2016

Depends on how much money you have - some need to get the child support rolling in first in order to finance the child custody especially if they are the defendant.

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